“I’m just wondering whether this is like somebody’s attachment to an old article of clothing,” Alito said. “Is there some reason to think only ByteDance has devised this magical algorithm?”
Jeffrey Fisher, a lawyer for TikTok creators, said they have tried to post on other sites and “fallen dramatically short.”
“I think empirically other companies have been trying for a few years to catch up with TikTok and replicate it and have been very unsuccessful,” Fisher said.
Lawyers for TikTok and the TikTok creators have completed their arguments. Now it’s the Justice Department’s turn.
Solicitor General Elizabeth Prelogar began her argument by saying TikTok poses a “grave threat” to national security from the People’s Republic of China.
“No one disputes that the PRC seeks to undermine U.S. interest by amassing vast quantities of sensitive data about Americans and by engaging in covert influence operations,” she said.
Acknowledging that millions of Americans enjoy expressing themselves on the platform, Prelogar said the law has a “laser like focus” on that threat by requiring TikTok cut ties with China.
